Information and data on a user obtained from reports, surveys, wastewater discharge
permit applications, individual wastewater discharge permits, monitoring programs,
and from the director's inspection and sampling activities, shall be available to
the public without restriction, unless the user specifically requests, and is able
to demonstrate to the satisfaction of the director, that the release of such information
would divulge information, processes, or methods of production entitled to protection
as trade secrets under applicable state law. Any such request must be asserted at
the time of submission of the information or data. When requested and demonstrated
by the user furnishing a report that such information should be held confidential,
the portions of a report which might disclose trade secrets or secret processes shall
not be made available for inspection by the public, but shall be made available immediately
upon request to governmental agencies for uses related to the NPDES, or state wastewater
program, or pretreatment program, and in enforcement proceedings involving the person
furnishing the report. Wastewater constituents and characteristics and other effluent
data, as defined at 40 CFR 2.302 shall not be recognized as confidential information
and shall be available to the public without restriction.
(
Ord. No. 16-16
, § 1, 9-6-16)
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